The Sun. — London, England, 1826-12-05 00:00:00

of some Of ibe' Law's applicable th crimes - of common occurrence. He gave notice that after the recess he would Move for leave to bring in , Bills to consolidate and amend the laws, respecting Larceny, Embezzle ment of Money by Servants, and the disputes arising between Masters and Journeymen. Thus the Right Hon. Gentleman pursues his useful course of improve ment, and step by step produces a reform in our civil and criminal regulations which will be productjve of the most beneficial effects upon society at large. The debate on Mr. LITTLETON'S Resolution for the deposit of 5001. prior to an appeal being enter tained from the Committee on a Private Bill, was post poned till the 15th of February. The Petitions com plaining o f undue returns for various places were fixed for the 11th of January . and subsequent days, froM which we should infer that the adjournment will not be longer than to the 10th of that month. It has been stated in some of the Papers that Lieut. Colonel DENHAM is about to proceed. to Africa, for the purpose of resuming his researches in the interior of that Continent. Such, however, is not his object. We understand that this officer has been selected by Lord BATHURST to make a reort of the settlel state of our s e vera l sett l ements on the Western coast of Africa, for the purpose of putting the Government in possession of the fullest and most correct information Upon every point connected with their present con dition, trade, civil government, &c. For this purpose' Colonel ,DENHANI proceeds iinmediately to Sierra Leone, and-it,is expected "that - his mission will occupy about nine or ten months. His Majesty's packet_ brig Plover' has arrived at Falmouth with a New York and Halifax Mail. She sailed from New York on the 3d, and from Halifax on the 15th November. His Majesty's ship Jupiter, b earing the flag of Rear-Admiral LAKE, the Com laander-in-Chief, was lying there. The papers receiv ed by this conveyance contain little worthy of extract ing;l their chief contents are occupied in discussing the probable benefits which the British Colonies have prospect, of the increase of their commeree, by the Shutting of the ports in the West Indian Islands against the shipping of the United States. By his Majesty's ship Brazen, arrived at Spithead, from the coast of Africa, we have received accounts "in Sierra Leone to the 17th October. The rainy se a'°n had been unusually severe, but, on the whole, the Colony was less unhealthy than it had been. We 8411 give to-morrow some extracts from private letters w hich we have not room for to-day. Thi le Etoile p u t s us i n p ossess i on o f the following Speech of the Emperor of the BRAZILS, on the close °i the Session of the General Assembly on the 6tk. September; We cannot •say that this Royal produc tiot, • b t he Chambers, or that 'it contains any thing be -1.4,3n4 common-place advice far ' the conduct of, the /te m .. ,E - sentatives during the recess :-•- (3 ' Rio JaNatito, &CPT. 18.—The Legislative Session of the thetletal Assembly closed on the tith. The ' following is a copy of e ta_... 1 „ - -.peror's Speech at the closing :.,... , 1 % August and Worthy Representatives of the Brazilian Na itm 1 • - --The fulfilment of the laws is the fi rst duty of all chines.— ts the duiation of these Seuions to four months, which have • t Z, Pired. - The period of your offsdto:Anton karrived, and on ', A ,...._` nett • I' in the midet you. 'The labours of the i Tw ItlYi ilthough limited in respect ef time, have meetm., 1 y0 b ., , ,„ C. laws, .and leave , 1111 holie4, that et your next ng 11 „," l u he able to give the country-4 say not all the laws neces gtii, fur the strict execution of the Constitution—but, at last, the L t et er part of such as are. The harmony ° which has prevailed I„„‘ e ,`" the two Chambers, and all that they have dene for the I , l a r r l!luttli and grandeur of the nation, shows what the spirit of N i t Tl i hoo consists of, by which the Assembly is animated. It is li t 4 " , however, that the illustrious Senators and Deputies, who „ne4hout to retire to di ff erent provinces of the Empire, should ( Q ,', l " l ° Y the interval which will elapse between this time a-nsi the hitatielencesaent of the Session of next year, in meditating on the ' u,,i, (4 giving prosperity to the Empire, and that they do on o,,,,i i _ l4 t k t W hatever li es i n t h e i r pow er, to teac h t h e peop l e t h at -4,,, Ti e Which they owe to the Government, by showing them, tat, e who obey s th e G overnment o b eys t h e l aws , an d h e w h o 1 6„ ii th* laws has every ~guarantee which is sufficient for his 414 , his life, and his prosperity. II p,, I HI CONsTITUTIONAL EMPEROR AND PERPETUAL DEFENDER OF BRAZIL.' ,t, w-- rs • e rec e i ve d this morning the Frankfort Journal, th th e 2 8111 of November, from which the following is o nly thing worth extracting . - () sToclcHotlit, Nov. 14. CI, . 4 the 24th of October last, the Supreme Court of Justice at thattltinia, at length passed sentence in the cause pending before 41it: rIbu noli against the authors and accomplices of the insurrec- P . ii " took plane at Bergen, on the 25th and 26th of .. ii 4 , 4 74 The accused have been divided into five classes, and 4 . 7 0 : h te "Wemned in a fortress, or to hard labour .for van Lams, h tt njn 00 case exceeding two years. The steward of a fief ounnissed fro m hi s o ffi ce ; 239 individuals have been i6 v to fines of f rom fi ve to ten d o ll ars spec i es ( a spec i e d o ll ar ,to.llllshillings sterling) ; 43 to ply part of the costs ; th e whole ke(wittecit which is 2,000 dollars specie ; 63 others were oc . utes 'or of th e C ourt o f Justice, was condemned on this 11 by the tribunal, to a fine •of 100 ounces of silver, for '"!egligence of which he was guilty. W e ---,-,------ ~,.....______. tett 40 received this morning Piedmontese Ga s,, to the 2titli November. Another curious dis voV._ . I : c ry has recently helm ma d e a mong ruins of oinpeii, where some ghee jars the e°4l • ' '1 ; ' pickled ! have been dug up, ' ikuung o We& lB ceitftiries a g o 1 — . reels, NOV. 23. O We re ce i ve from Naples notic e of a discovery l ately made i n ;144 " 4 Peii, which will .be highly agreeable to all - tittr readers who the memory, of the Romans. Thie ilierrivery is absolutely 4 i vi ' In the recent excavations of a house , near the &Monica ~,,s t i were found five glass jars, perfectly . closed, anti placed in a ti",„il wooden box. These jai s being conviSed to the rt;11 Museum, were ' carefully cleared .of .the earth which ~,„e , ski the outside, and it was . found that one of them ii -lii lifcl a thick and liquid substance, in good preserve -41°,:1. which, on accurate examination, proved to be a conserve of si ta „ 44 9)4pared for the table of some Pompeian Gastronome, is vilif ies IV. They are still entire, which would appear mar -1,4),71, if not f a b u l ous , w ere i t not con fi rme d by an authentic re of th e In anoth er j ar t h ere was a t hi c k b uteraceous sauce, .m.a.de 1 4 , ,sus of the fish. His Maieety the King of the Two Smiles 4,1 lutinediately informed of this unparalleled discovery, desired *O' S , Ind ordered an accurate analysis to be made of it, of 4," uli shall speak in our next Number. litl a t ', 11 14 the sauce here spoken of is the famous Gant un, the de -144 :',`, the illuotrieus'Gourmanda of Ancient Rom is knot% 1 4, 4110 's sauce was made of the roe of fish , and thereforehad mush "lance to the substance found.) E,, Ike fn„ . TIMM. Nov. 25. -.41.2 - -Ivnig is the account given of the examination . of th y il thitlitruus su ' Stance fOund in one of the jars at Pompeii. SI e 1 . ,4t0 ,„' t 88 .1eits t o report the examination of the olives further . 4 04 6, - s 4 Y, that theY are of the ipeciei still cultivated in the king -4 11. 1 4 name of Spanish Olives :-- . . , P sti,i la s ubstance is much softer than the olives, it i s of a .4 ti. - Yellow colour ; it has a strong rancid smell, and, ihtu :i.1,4%, Are small globules, resembling the roes of fish, ehil - i ",: h d ' k strong mag nifying - glass . cannot well determine. '4 "r it ' 4, 'e is, on the whole, entirely analogous to that IJltk k i„ * ,.'th the olives, it is composed of the same elements of ' ""'44 krid, and of that indeterminate substance in some de. eves analogous to the Invert principle of fixed oils. It 'bold seem that originally it was no other than olive oil, containin ; some sauce (salsa) rather vegetab4 than animal, since the distil lation of it has not furnished any compotinds of asote. NAPLES, NOV. Nicola Covelli, of the Royal Bourbon Museum, is charged with the analysis of the substances found at Pompeii. Extract,. of a private letter, of the 22d tilt., from Madrid : • " The Government received official intelligence, this morning, that the Portuguese who had taken refuge upon our territory were going to enter into Portugal, divided into three colUmns, and that General Sylveira was at the head of the expedition. This even ing a second report has arrived, in which it is announced that they have marched into Portugal, taking simultaneously the . road to Brogans& it was thither also that . the horses bought by Gen. Sylveira were sent, and for that place the Portuguese deserters set out on the 12th,' the very day on which expresses were dis patched for Paris and' elseivhere, to announce that Our Go vernment would not interfere in the affairs of Minute!, and that the arms and equipments of the deserters would be given up. Benevento, therefore, was head -quarters for One column of troops, whilst Oreille, WhiCh is in Galicia what Benevento is . in Old Castile, formed another head-quarters, to which arms, ammunition, and horses, were likewise sent. Al though Gen. Qtieeada was too enlightened to give his approbation to the invasion of Portugal, sad did nothing personally in favour of it, he was under the necessity of obeying the commands of his Government, and, in consequence, about one thousand deser ters, who were at Ecija, departed for Estramadura by Cavallo, which is the shortest way to the frontiers of Algarves. Thus, the forces of the rebels, threatening two provinces of Portugal at the same moment.--namely, that of Tras-os-Moutes and that of Al garves—compal the Government to direct its attention upon two different.points, and consequently to divide its forces. Four Spa nish regiments have been sent iu pursuit of the rebels, but these may be .considered as a kind of succour for the Portuguese, rather than as troops sent to check their operations. —lt is said that Mr. Lamb, who knew what was. going on, had a note ready to deliver as soon as the pro jected movement should be.put into execution. This note, it is said, has been sent to-day, and concludes by his Excellency threatening to demand passports, unless Spain gives a satisfactory explanation relative to the movement of the Portuguese, which is an open infraction of the convention lately entered into.— No*, the project of the Portuguese was not unknown to all the world, for a Council was held upon it : and as it being cer tain that a majority of the Ministers were opposed to their plans, four new Counsellera of State were nominated, three of whom were for war with Portugal. After all, however, the Council broke up without coming to any resolution.— The conduct of our Government in this affair is certainly of a nature to give umbrage to the Powers which were parties to 'the Convention, and particularly to England, and may possibly issue in a war between Spain' and Portugal.— Ignorance of an invasion being contemplated may be alleged, but whilst the rebels were openly allowed to collect stores and buy horses, it will be very difficult to persuade England that Spain was not privy to it. It cannot be denied that our Government, pro perly called, is aware of the imminent danger to which its conduct exposes it ; but it is hurried along by the Apostolical party, who have the Royalist Volunteers at their disposal, and threaten to ex cite them to revolt, unless projects favourable to their ambition be carreid into execution. The Government seems to have bad to choosibetwein exposing Itself to the wrath of the Apostolicals, and suffering the Portuguese rebels to invade their country. Whether it has chosen the least of the two evils it is for time to show." The American Ilaytian schooner La Union, Banks, Master, from Port-au-Prince, bound for London, is arrived at Deal, loaded with coffee and logwood. This vessel is the first arrived under the Haytian flag, her master and crew being all blacks ; it is said, that Mr. Fisher is a passenger, and the bearer of the Commercial Treaty negocirted _by Mr. Mucken2ie, our Consul-General, be tween the British and Haytian Government.. . In a preceding part of our Paper will be found a very seesible letter on the law of bastardy, in answer to some observations which we made upon that ec subj t a few days ago. It will be seen that our correspondent has evidently mistaken the tendency of our remarks,- as well as the spirit in which they were dictated. 'We are by no means advocates for exonerating the parities of bastard children from the charge of supporting them, far from it ; our objection applies to the extreme avidity with which the Parish pounces upon the trans gressors of the law, by holding them amenable to possible expences long before they become even pro bable. The Parish Officers in their exclusive ardour to protect the Parish from contingent expences, often commit injustice without meaning it, by holding parties to book before they are legally liable, and so precipitate disclosures, to the certain disgrace of the woman, and the confusion of the man, till both parties find themselves unable to meet the gaze of reckless curiosity, and so endeavour to hide their shame from the world ; whereas, if left alone till they came within the pale of the law, the world might remain in happy ignorance of the matter by the marriage of the parties, which would so far compensate society for the momentary outrage upon morals by hushing the scandal among those whose interest it would be to keep it secret. But in saying this, we would not be understood as holding out inducements to depravity, by the chance of escape. We know too well that licentious people will abound in spite of 'the corrective influence of our laws, and our only wish is, that those who are comparatively innocent should not be visited with a severity which even fails to awe the viciously guilty, who are aban doned to all sense of shame and reproach. Our vir ttlOUS Correspondent feels naturally indignant that vice should be allowed a wider scope of action, and the illicit indulgence of depraved habits, without being rendered liable to, the consequence of its iniquity, and we. entirely agree with him. We think it quite enough that virtuous people sup port their own progeny without being burdened by the illegitimate offspring of others, but p ar i s h es are too prone to fish for scandal—they see the new moon, and, like provident farmers, .wish to get in the harvest before it is full. With respect to the conduct of the Magistrates generally, we have abstained-from remarks, unless called on by glaring instances of a too ready acquiescence in the story of the coMplainant, without making due allowance for the propensity of human nature to overrate its wrongs, and so making possibility the standard of reality, to the manifest in juryfrom the very nature of his of th e d e fendant, who, situation, ha's always to contend with , great odds in the calumny o f t he, comp l a inant, and the prejudice of the Magistrate. A woman affiliates her child upon oath , and the or suspe c t her o f t iry, and so he takes her word till Magistrate is bound to believe her statement , th rl e Peri a qayed party convict her of swearing falsely , which, in nine cases out of ten, he is unable to d o, because it i s much ea ier for a man to prove where he was than where he w as not and the frailty of human , nature i n these,,i cases pleads powerfully against ne an the world e'er " W, He dearly loved th e Imes, 0! NAVAL INTELLIGENCE. • -----. " . majesty's Captain Free. A. Collier has been appointed to bug , in ship Sybille, for the purpose of succeeding the command un the, African station. The following Surgeons have been appointed to the shier against their names : Mr. John Gooch ........................ to the Tyne. Commodore Bullen Mr. James A. Alercer ........................ Acorn. Mr. Robert Dunn ....... . ...................... Challenger. Mr. John Kay- ................................. Satellite. Mr. G. P. M. Young ... .................... Spartiate. 11TE FUNDS. CITY, (Tins DAY), Twelvt Consols shut all this day.—The Market opened at 841 for ac count, but has' since been worse, and may be quoted at so for accnunt, and 84, sellers, for money ; Exchequer Bills, 17 IS, and India Bonds, 85 7 pm. In the Foreign Funds, Mexican Bonds continue steady at 70; Colombian Bonds are rather heavy, at S7i i; Spanish, 13, sellers; the price of Portuguese Bonds has had a fall, and they are 74i In Schemes there is little altera tion; POtosi Shares, which for the last day or two advanced to 4/. 10s. per Share, have not maintained their price, and are now 65 70 per Share. Three per Cent. Consols, 83k, sellers; Ditto for account, 841; India 4 per Cent. Bonds, 85 7 pm.; Exchequer Bills, 17 18 pm. FOREIGN Fuwns.—Brazilian, 66 7; Buenos Ayres, 63 5, Chilian, 37 8 ; Peruvian, 33 5 ; Colombian, 1824, 87i 8 1, Mexican 5 per Cent., 58k 9 -4 .; Ditto 6 per Cent ,70 1; Danish, 62 1 ; Portuguese, 741 51 ; Greek, 19 3; Russian, 863 7; Spanish, 13 1. Mttrzs.—Anglo Mexican, 324 30 die. • United Mexican, 74 64 die. ; Reid del Monte, 100 10 pm. ; Boiaooe, 100 10 pm. ; Tlalpuxalma, 55 65 pm. ; Brazilian, 13.15 put. ; Bolivar, 1 2 pm. ; Colombian, 104 114 per Share • Potosi, 3!. ss. 8/. - 10 s. per Share. Two o' Clock. Consols have receded to 84* Four per cents., 1826, 97k. India Stock 248 9 ; ditto Bonds, 36 4 prem. ; Mexican. Bonds, 701 ; Colombian, 38 ; Spanish, lXi ; Greek, 19 THREE O'CLOCK. Three per Cent. Consols for account, 84.1 FOUR O'CLOCK--CLOSING PRICES. Consols 83 _ I Danish Bonds Do. for Ac.B4 Brazilian Bonds : Buenos Ayres Do. 631. Cliilian Do. 38 Columbian, 1824., 38 Greek Do. 1825 19/ Mexican Do, 1825, 70 ; Peruvian Do. Russian Do. 86f Spanish Do. 121 SHIPPING INTELLIGENCE-. LLOYD'S.—{Ten DA ) DEAL, Dec. 4.—Wind N. N. W.—Arrived froth London, and sailed, the Lady Arabella, Blair, for-Liturasotte; Renown, Cassie, for St. Vincent's; New York packet, Crosbie, Hopewell, Parent, Princess Charlotte, Paley, and John, Shand, all for Jamaica ; and Kent, Acock, for the South Seas; with the rest of the out ward-bound, except the Maitland. PoarsuouTu, Dee. 4.—Wiud N.N.W.—Arrived, his Ma jesty's ship Brazen, from the Coast of Africa. Passed, the Colum bus, from Calcutta. The Dorothea, Crag, and Huskers, Soaper, came in contact at Motherbank yesterday, •by which both ships los9ib-bootos. PIA -mount, DEC. 3.--. Wind N.N.W.—Arrived, the Lalla Rookh, Jones, from Quebec ; lost fore-yard and topsail-yard during a heavy squall. FALMOUTH, DEC. S.—Wind N.W.--Arrived, the Plover Packet, front America, sailed from New York on the 3d, and Ha lifax the 15th of November ; spoke 20th Nov., in lat. bO. 45., long. 36. 30., the Rapid, front New York to London, out 21 daps. Off Port, the Briton, Wilson, from Quebec. Gnavzszatn, Dec. 4.—Arrived, the Loweatoffe, Beam, from Valencia; Cameron, Todd, from Berbice ;. Hopeful, Cittltbertson. from Messina ; Orynthia, Welsh, from Singapore ; Lihttty, Ford, from Smyrna ; Catherine, M'lntosh, front Bengal ; Symmetry, Moore, from Leghorn; and John and Robert, ---, from Quebec. Sailed, the Simon Taylor, Meek, for Jamaica ; Royal Charlotte, Ford, for ditto; St. Ann's, Adlard, for Grenada; and the Smyrna packet, Bale,.for Smyrna. • PARIS, Dec. 2.—A letter from the Danish Consul at Tripoli states, that the Algeria** intend cruising against Hamburgh vessels. EAST INDIA. The undermentioned Company's chips arrived at and left An gier for China, viz. —The London, 'arrived July 23 ; General Harris, arrived ditto ; the former sailed on the 24th, and the lat ter the 27th of July: The Canning, Wm. Fairlie, arrived on the Ist, and sailed the 6th of August. The Orville also arrived Opt A:loer on the Bth of August, ant! was expected to proceed again on ber voyage to China on the 13th of August. The Sir Edward Banks steamer passed Cuxhaven on the 29th LAW INTELLIGENCE. COURT OF CH A LACER Y.—(Ts, is • Dar. ) H ABEAS CORP tis—NEW4,QUESTION. IN THE !HATTER OF CARP ANO JACKSON, namsciturrs. In this matter Samuel Jackson, the partner of IVnt.Parr, bankrupts, late silk-dealers and chaptnen in Birmingha m , ap peared in the custody, of the Warwick Gaoler, upon a suit of Habeas Corpus, to submit to the Lord Chancellor that he was entitled to his discharge. His LORDSHIP desired the Return.to be read. The Return was read, from which it appeared, that the hank.; rupt had been committed on the Sd of October last, brought up again, and re-committed on the 9th of the same month, by Messrs. Edward Coxhall, Thus. Lee, and J. P. Slater, Commissioners, for not satisfactorirt, answering the questions they had put to him, but the return did not set forth oneeyllable, either of the questions that had been put, or the answers that had been given. Mr. floater, for the bankrupt, wished to know what his client had Teen committed for ? His Lounentr—That's what I want ni know. Mr. Hoawa did not know how to argue such a case. His Lonnsmte—This struck me as a very singular return. Mr. Houma did not think the Court could call on Counsel to argue such a case. His Loansitte—Why did you not set forth a copy of the war rant, Mr. Hart ? Mr. HART submitted, that if a party had been legally com mitted, and the individual having that Fitly in custody had been guilty of an irregularity, that that could be no ground on which to -discharge the prisoner. Mr. Hpaws did not shape the case thus; he took it that this was an accurate return of the commitment. Mr. Morr.sou, (with Mr. Horne) wished to know, if at this time of day, Counsel in this Court were to be driven to argue, whether the Court was to have any other thing .brought to its notice, ;upon & question to discharge a prisoner, than what ap peared upon the face of the return ? Mr. Haar could not think it possible that his Lordship could discharge a.prisoner on account of ,an imperfection on the part of the o ffi cer, in whose c u s t o dy the prisoner was: The utmost, he thought, that could he done was, to let the officer amend his return. Its Loapitutp--How am I judicially to know that it is his mistake ? Mr. HART said this oiniculty had not occurred to him, but certainly it deserved consideration. his LOI9IIISNIT-1 agree that it is a point of very considerable importance, and you may take till to•niorroiv to consider it. Mr. HART'S opinion was, that it would be the greatest ano maly that could possibly be thought of, Wit were to be laid down that the greatest culprit was entitled to 'be discharged, because there had been a mistake in the return made by the officer, into whose custody that delinquent had been eornmitted. Mr. Holum said there were but two mistakes on the part of Mr. Hart in this propositiorh—first, he maimed that there had been a mistake in not having made the return agreeable to the commitment; andoext, that the present bankrupt was one of the greatest culprits that had ever been committed—in both of which positions he was totally wrong. Mr. Ha ttr did not mean his latter position to apply to the present case; bet h e h a d confidently to sub m i t , that when one man legally committed another in pursuance of j ust i ce, h e was not to be foiled in having the benefit of what the law had provided for him, resulting from that commitment, by any mistake on the part of the gaol er , w h en t h e p r i soner a ppeared i n C ourt. Mr. HORN Y wi s h e d t o know whether Mr. H art was inutructed to state, that th e commitment was different to th e return ? Mthis objecti on , r. HART was t a k en by surprise b yand, there.. fore, was not prepared to say what appeared on the commitment. His Loansure.—Constquently you had better tak e till to • morrow morning to consider the ease. Mr. MONTAGU could sceroely conceive that a suers important question could poss ibl y b e su b m itt e d t o t h e L ord Chancellor. A prisoner wa s b roug h t up b y a writ of Habeas Corpu s ; t h e Judge was to d e t erm i ne upon t h e question of di sc h arge upon the return. The Counsel a ga inst the prisoner said they had some thing beyond the return to submit to the Court, and therefore they asked that the prisoner might be sent hack to prison, that they might have the opportunity of further preparing themselves; but the Counsel for the bankrupt had to contend upon all that was due to the consideration of depriving a subject in this country of his liberty, that the Court was bound to look at the proceedings now before it, and upon thenito declare either that the prisoner w as entitled to his discharge, or that his imprisonment be legally continued. iIIS LORDSIfIP--111$ ie quite a new case before me, and I shall consult rove of the Common Law Judge, upon it in the course of this morning. I wish, however, it to be understood in the coun. try, that where a person is committed by Commissioners, if the Commitment contains all the questions and answers, the gaoler, by his return, is bound to set them all out. If the return, in this case, is according to the commitment, there can be no doubt that it is as bad as had can be, • Mr. HAAT hoped to be able to show, that the commitment was as good as good , could be. Hts LORDSHII.-.--I have nothing to say as to the act of the gaol er if he has made an improper return ; I have nothing to do with that, but he may have a good deal to do with it. Mr. 11IciwrA au apprehended that if a prisoner was brought up in a criminal Court, to take his trial, on a charge of the foulest crime that had ever disgraced human nature, and there was no evidence brought forward against him, the Judge would unques tionably, at once discharge that prisoner. His LORD9HIP—I think, Mr. Montagu, you have known me long enough .to be assured, that no man could ever have Moiled with more willingness than I have always done to any thing that could be advanced on behalf of the liberty of the subject, nor shewn a greater wish on all occasions to discharge him than I have done, when by law I could possibly do it; but I think, on a question, that .never came before sue on any former occasion, that I am entitled to have the opportunity of informing myself accu rately what the law is upon that question, particularly when 1 pledge myself to lose no time iu so doing. It was then agreed that the matter should come on again to-morrow morning,. and that the bankrupt's residence, ad interim should till then be made more comfortable than it had been since yesterday, he having been detained all night in Clerkenwell prison. VICE-CHANCELLOR'S COURT._(Tors Day.) SHARLAND P. BAICIR. In this case an injunction had been obtained to restrain the de fendant from proceeding in an action at law against the plaintiff. The case arose out of the following circumstances :...The defend ant bad,, in September 1825, entered into an agreement with the plaintiff for the delivering up to him, on the 25th March follov Mg, the White Hart Inn at Tiverton. The parties met at that inn on the 24th March, but the inn was not delivered up accord-, ing to the contract. The defendant, as appeared from hie an swer, tendered the purchate-money and conveyances to the plaintiff at that meeting, and expressed himself satisfied with the title which the plaintiff was enabled to give him of the premises. In the course of the next Month (April) the parties again met, and the defen dant, still anxious to get possession of the inn, offered to abide by the original agreement, provid e d th e p l a i nt iff pa i d h i m Compen sation for the loss he sustained by reason of the non-performance of the contract, alleging, that as the inn was 'much deteriorated in value, he was on that account entitled to large compensation. It appeared that the inn was then in the possession of a 'person named EdWards, who, being in embarrassed circumstances, was not enabled to conduct the business in a proper manner. The consequence was, that the profits of the establishment were daily diminishing. The defendant subsequently brought an action against the plaintiff for the non-performance of the contract. His Howoua, after hearing - Mr. Wakefield in support of the injunction, and Mr. Lynch against it, said that the defendant, by his offer at the second meeting, waived any claim for the non-per formance of the contract on the 25th of March, by making a de mand for,' compensation." The injunction must therefore stand. His Hoxoua subsequently intimated, that if the defendant made the demand for compensation with a protest; that demand would. not have the effect of precluding him from bringing his action. This last remark was made by his Honour after Mr. Lynch had left the Court. COURT OF KING'S BENCH. —(Tins DAY.) FINGEY V. CROOKS. _ _ t Mr. MA R [WATT stated, ,thatthisZan action brought to - re- Over compensation in damage* for the injury which the plaintiff sustained, in consequence of defamatory words used respecting him by the defendant. The plaintiff resided in Ogle-square, and the defendant lived contiguous to him in Upper Spring-street. On the 4th of November, 1825, a quarrel arose between the de fendant's step-son and the plaintiff, respecting a hen-house which was built et the end of the defendant's house, and darkened the window of the plaintiff, who threatened to pull it down; where upon the defendant came out of his own house and asked where thief was (meaning the plaintiff) you robber, you thing,' you pimp, said he, if you come out here, I will serve you as you ougkt to he served. .J:hese word, ha v i ng b een p u b l i cly ' spoken, materially aff ec t e d,W e ' plaintiff's character, for which lie now sought damages, John trooke examined by Mr. RxanEn—Was present at the qUariel above alluded to ; heard the defendant calling the plaintiff a housebreaker, a robber, a thief, and a pimp, and saying that the plaintiff was in the habit of hitting out his beds at three guineas a night, and that he kept 150 loose character. in his house; witness believed this of-the plaintiff for 4 considerable time, until he went to his house and found it tri be othenrise. Several other witnesses proved to the same eoiet. Another witness proved that the plaintiff had his lodginks unlet for several months after. %Ir. &mum addressed the Jury for the defendant. This action, he observed, was founded on a quarrel, and the words com plained of, were a mere ebullition of passion, and point nothing. A housebreaker was a very appropriate term on 'that occasion, as the plaintiff had threatened to pull down the<lien-house.— (Laughter.)—A b y thief was also appropriate' towards a man who had fought on the Continent, under the Doke of Wellington, as the plaintiff, who was an old pensioner, had. IN (Mr.. Scarlet) would venture to say that the plaintiff had often called Buonaparte's Generals, thieves.—(Laugh ter.)—The plaintiff, no doubt, was entitled to a verdict, but lie submitted, that under all the circumstances, a shilling damages was the utmost he ought to get. The Cum Justine in charging the Jury, said that the plain tiff was entitled to a verdict, but as the words were used in a pas sion, and not in cool blood, the damages ought to be moderate. Tii; Jury returned a verdict for the plaintiff-40amages 5!. COURT OF COMMON PLEAS-41'ms MY.) LIBEL. VTOCKLIT V. CLICURNT. Mr. Cluny opened the pleadings, Mr. Sergeant WALnit stated le Me. This was one of those actions which now a days occupied such a large share of the time of Courts of Justi ce ; act i ons for libels in newspapers were now as common as actions for recovery of debt. They would of course increase as long as the libellers found it their interest to publish slander against private character, and until Juries by their verdicts threw an odium on the authors. The defendant in this case was well known as the editor of that ex tensively circulated paper, the Aforning Chronicle, and it was for publishing in a copy of that paper, of the 20th October, 1825, the following advertisement, that the present action WWI brought "To BILI , BROKEaI AND Ornsas.—Catenost.-111wAxn. —Whereas information has been given to me that attempts have been made to obtain the discount of a bill of exchange, bearing date London, May 2U, 1825, and purporting to , be drawn by John Stockley upon, and to be accepted by, the Dowager Lady Page Turner, for six thousand pounds, with interest, payable 1,1 months after date, to the order of the said John Stockley, fir value received ; L do hereby give notice, on behalf of the said Dowager Lady Page Turner, that she has not accepted such bill, and that if her name should appear on any such instrument, the same has been forged, or her Imnd-writing (If genuine) has been obtained by fraud, and in total ignorance on her part of the in tended effect of the signature, Any person who will give posi tive information to me of the party in posmession of: the said in strument shall be handsomely rewardeiL—Thomas Monk New Inn, Oct. 19, 1925." INlioever thii Mr. Hinny might be, if it were true as slated in the advertisement, that Lady Turner did not knoW the effect of her signature, he has treated- her as idiot; he (the Learned Ber grant) would produce the paper containing theadvertivement ; he would also produce the bill of exchange, and ther e by p rove t h e falsehood of the charge. A Gentleman of the Stamp-office. was then called, and produced a copy of the paper. Robert Hare, cashier to Coutts and Co. produced the bill in question. Cross-examined by Mr. Pr...tar—h well acquai n t e d w ith L a d y Tturner's.band-writing; witness paid 10001, to account of the bill in question by her Ladyship's written order (which' he produced) knew nothing of the transactions between the plaintiff and her Ladyship, but believed the transaction was effected at their house by Mr. Mutts. Mr. Walter Hodson was a partner of the late banking firm of Hodsoll and Sir W. Stirling; believed the hand Writing to the bill was IJuly:ruiner's. could not say s h e was y Cress-exatniticil—Saw her w r ;t e fr equen tl y; should suppose intelligent.' , By Mr. currry,—..,\V as not so intelligent and sen s ibl e as most ght be about eighty year* of a ge ; i vs e he d re ie n s ) ; at times she did not understand much business. Btockley, brother of the plaintiff, believed the signature to the bill as drawer and indorser was hit brother's, but the bad of the bill was not his hand-writing. Cross-examined by Mr. Serjeant VAUGIIAN.—M brother has b ee n at large for about . four months ; h e was previously in the Kings Bench prison for about six months i cannot sa y h e was there i n October Mb ; he told me had done some business for Lady Turner, and I heard him say he was distrained for rent at her instance, and that an execution was made on his effects. I should think this was in 1824, and do not know that there WU I distress in 1825. I heard him say there was more than one distress; I do not know when the second execution toot place. My brother at tempted to get a discharge under the Insolvent Act last filllllLUer. Mr. Sergeant Wtent here interrupted the examination, and contended that the opposite party were not entitled to examine into the history of the plaintiff, in order to make up slander against him, It was never alleged ora his side that the bill was granted liar value, but merely for accommodation; but he denied that it was - either forged or o bt a i ne d fraudulently. Mr. Sergeant Vatanttale, in answer, contended th a t se it w stated on the face of th e d ec l arat i on as that the was given for value, he'svis entitled to know under what circumstances it was obtained. After considerable discussion, the Curer Jurriex repelled the objection. rasa examination continued.--I never heard my brother say the bill was granted for an accommodation. 1 do not manful whether my brother stated in the Insolvent Debtor's Court that Lady Turner was a creditor to the extent of 1,000/. My brother was refused a discharge, and I believe the reason was that there a difference between the date of imprisonment stated in_ the petition and that contained in the prison bin& I. do not knave of any other reason. I think, on my brother's examination, that he acknowledged there was no value granted for the present bill. He also acknowledged that he had given the bill to a Mr. Hopwood, from whom in consequence he received 9001. I never heard my brother mention that the present action was raised ; I never heard my brother say that Mr. Clement, at his request, in serted a contradiction of an advertisement complained of, and gave up the author; I heard him say be raised an action against Mr. Rims, which had not yet been tried ; I underelood him to say there was an action against the Tinies; never heard him say he received any profit by these actions,' . . Mr. %Vieux here interposed, and as ked what connection actions against other papers had to do with this case? If there wars a libel proved in thin case, the plaintiffwas not to be excluded from receiving damages, because he might have raised actions against other papers for a similar libel. He (Mr. Sergeant Wilde) never heard it set up as a justification of a libel, that the party with whom it originated was delivered up. The CHM JUSTICI thought that Mr. Wilde's objection would give rise to a very important question ; if tloi Learned Gentle man's doctrine held good, no editor could publish any caution to the public against the frauds of individuals, as in that tase the greatest rogue might set tip a hue and cry •about a libel. The Learned Judge then entered at considerable length upon the haw of libel. Examination resumed-111y brother was atval-merchant before he went to prison ; he was also manager. of Lady- Turner'. lima in Kent ; he had no horses, carte, office, or whirl. By Mr. Sergeant Wteux-11Iy brother never admitted the bill was forged, or that it was obtained fraudalently. He told eue that the manuscript of the advertisement was to be delivered sap, and that on that condition the action was to be (hope I under stood him to say, that the present action was withdrawn and the manuscript delivered up. Bishop Hull is employed in the Chronicle Office ; received 10r. 6d. from the plaintiff, far the insertion of the eontradietiou to the advertisement. Mr. Sergeant VAUGHAN then addressed the Jury for the de fendant, and stated that the present action was nothing but an attempt on the part of the plaintiff, who was proved by the evi dence to be in much need of money, to obtain some from the defendant. Mr. Binns was the attorney for Lady Turner, and, on discovering the existence of the bill, and knowing that the plaintiff was her Ladyship's debtor, made fellA quiry regarding it, and the information he received not being satisfactory, he thought it could only be obtained by fraud, and under that belief he caused the advertisement emu -01'4441 of to he inserted. But what Was the conduct of the de fendant; whenever he was applied to, be instantly delivered up the author, inserted a contradiction in the next day's paper, and what else could he have.done? If under these vircumstanete he was to be fined, the public would have no security against the frauds of villains, as they might set up a hue and cry fora libel, as well as the present plaintiff. Besides,. the defendant delivered up the manuscript, and upon 2doing so, the plain tiff .most solettmly promiied to drop the action ; but finding that other parties were concerned, that the attorney's account was to be settled, he in violation of good faith and every principle of justice, had the audacity to bring the question before a Jury. Ik, under all these circumstances, trusted the Jury would bave'no hesitation in finding for his client. The Curer JUSTICE then summed up, and the Jury without the least hesitation, found for the defendant. CONSISTORY DAY, rityNxtrio V . wa.rxias. This was a suit for defamation. Thr potties were both females. The respondent (Afrr. Waters) now appeared personally iu Corm and confessed the defamatory words contained in thr libel., whiult conveyed an imputation on the chastity of the complaisant. The Court recommended her to conduct herself with more pro priety for the future, and ordered that she should poi form the usual penance in the vestry room of the parish of All Saints, Poplar, on Sunday next, and be condemned to pay all the casts of the suit. Some parties, against whom citations were issued, but who had not appeared, were declared in contempt.--The Court then Ad journed. INSOLVENT DEBTORS' 'COURT —(rafts Day.) John Latimer came up to be heard on his petition, and was opposed by Mr. Pollock, on behalf of Thomas Denny and Robert Moffatt. He stated in his examination that he took the benefit of the Act in December 1621, he believed on the fid ; had hi* house burned down in June last, and lost all his effect,. lie re ceived 3004 from the insurance office, and laid out 201. in cloth ing for himself and family, as they had lost every thing. Those clothes were nearly worn out. His wife was thrown out of the window. To recover her health he took her to Margate and to Calais—the journey cost him 201. 'With the remainder of the 300/. he compounded with some of his creditors. Mr. HEATH for the prisoner, submitted that the iinf4tunate Insolvent bud been oppressed by the most severe misfortunes : those of fire and illness, and he hoped that the Coin t would dis;- charge him. The Court expressed their opinion that lie was entitled to his discharge. SURREY SESSIONS--(THts DAY. ASSAULT AND ROBBERY, Joseph Andrews and John Brooks, two notorious cbarAitefs, were indicted for stealing a great coat, the propeity of George Baynham—.• seven years' transportation. Fenwiek was tried for stealing. a pleat of priuttd cotton, the property of John Miles, linen draper, of Blarbtriars-tuid..— Guilty, seven years' transportation. The other cases tried in the course of the 114 y ponfitweti t. 14 public interest. FASHIONABLE INTELLIGENCE. The Duke of York transacted burin err yesterday with his Military Secretary, also with the Adj►ita►►t- Geiteral and the Quarter-Master -General. His Grace the Duke of Devonshire paid a morn ing visit to the Duke of York on Sunday, at the Duke of Rutland's residence in Arlington -street. The Earl of Liverpool is slightly indisposed with a cold, Lord Charl e s S omerset transacted business, yester day, at the S ecretary o f State's Department. Mr. Secr e t ar Y P ee l and the Earl of Wilsonorlatuti Office f or th e C o l ot ti a l transacted business, yesterday, with Air. Secretary Can ning, at his office, in D own i ng - street . Lieut.-C o l one l Denham has NA town for Plymouth, to embark on b oard the Cadmus, Captain nall'ell' for Si erra L eone, p with deg Aticlnys front Earl Bathurst. SCoiCIL MARKETS. Wbert. 1h rI4Y. litanr, Peary. Aberdeen Annul) Cu par —.— Dalkelth** Duluth,* ndee.— Edinburgh Falkirk 135 Cdr V 7 31 , Di SS 03 to DO 34 011 Ito 311 Y 7 12 115 213 34) 26 ats 30 33 F 1 31 39 4U be 30 34 31 VS tVI 39 19 2'l .... ..... Y 7 1Q V 7 30 1.1.3 11 '4ll 31 9•i 30 SO 18 Y 7 30 IN 31 Id 9 30 I:1 ~ C)atapat. Sit 45 3,4 rj •J a. Olasttol'''" ilarldhithin Ira cruets .... 4i14,1 vs 30 In Jai... t 7 itl ) ldy—, 29 S 3 29 31 25 V 9 ._ rerth —..... 30 32 $l9 31 27 3(1 26 *9 Iva Vul —— At lladdiugtort the nieuuro is 4 Imperial Bushels Mr every thing, w hi c h I. exactly half a Quartet At Edinburgh and luigsith the. Boil of Qats and Barley is equal tad Imperial Bushels, Wheat, Peelle. and Beans ' 4 Imperial Bushels. At Dumfries per Bushel. At Kell() per 'lmperial arter. the other pl aces a b ove are per 8011. inert tiny Dist meal at A berdeen and Ediubtarigh, which la per Sack of litiOlbs, AO 49 YJr«